[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Rules and Regulations]
[Pages 1099-1101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-505]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-223]
RIN 2115-AA97


Safety Zone; Fore River Bridge Repairs--Weymouth, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Fore River (Route 3A) Bridge Repairs, starting January 1, 2002 
until September 30, 2002, in Weymouth, MA. The safety zone is to ensure 
the safe operation of a 55-foot-wide crane barge underneath the Fore 
River Bridge in order to conduct repair operations, Monday through 
Saturday of each week during the effective time period and is necessary 
to protect maritime traffic in the area of the safety zone. The safety 
zone prohibits vessels from operating within 30-feet of the barge.

DATES: This rule is effective from January 1, 2002 until September 30, 
2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Michael Popovich, 
Marine Safety Office Boston, Waterways Safety and Response Division, at 
(617) 223-3067.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Discussions were held with all 
interests most likely to be affected by this safety zone. These include 
Massachusetts Highway Department, The Middlesex Corporation (TMC), 
Weymouth Fore River operators, barge and ferry companies, and 
recreational boater representatives. These interests agree that the 
parameters of the zone will not unduly impair business and unscheduled 
operations or transits of vessels. Therefore, notice and comment is 
unnecessary. Any delay encountered in this regulation's effective date 
would be unnecessary and contrary to public interest since immediate 
action is needed to protect marine traffic from bridge construction 
hazards while transiting a portion of the Fore River, Weymouth, 
Massachusetts, during the Fore River Bridge repairs. This safety zone 
should have minimal impact on vessel transits due to the fact that the 
safety zone does not block the entire channel, and procedures have been 
established for the movement of the construction barge, should larger 
vessels that are unable to transit around the barge while in the 
channel, need to transit the area. Notifications will be made to the 
maritime community via notice to mariners and marine information 
broadcasts informing them of boundaries of the zone.

Background and Purpose

    A previous rulemaking, published at 66 FR 13851, effective from 
February 21 through December 31, 2001, established a safety zone 
identical to that established in this rulemaking to conduct repairs to 
the Fore River Bridge. Additional time is needed to complete the 
repairs required to allow for the proper operation of the bridge. The 
safety zone allows TMC to place a 55-foot-wide crane barge in the Fore 
River underneath the Fore River Bridge to conduct repair operations, 
Monday through Saturday of each week from January 1, 2002 through 
September 30, 2002. This safety zone prohibits vessels from operating 
within 30-feet of the barge. Most marine traffic may transit safely 
outside of the safety zone during the repairs. In the event a large 
vessel should need to transit the channel, the TMC barge shall move 
upon request. Requests to move the barge should be made directly to TMC 
at (781) 665-3261 or (978) 590-2754 with as much advance notice as 
possible (at least 8 hours is preferred). The Captain of the Port 
anticipates minimal negative impact on vessel traffic due to this 
event. Public notifications will be made prior to the effective period 
via safety marine information broadcasts.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that

[[Page 1100]]

Order. The Office of Management and Budget has not reviewed it under 
that Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Weymouth Fore River during this bridge repair period, the effect 
of this regulation will not be significant for several reasons: 
maritime interests, which frequently use the channel, have provided 
input into the scheduling of the bridge repairs, the safety zone does 
not block the entire channel, advanced notice will be given through 
marine broadcasts, and the construction barge will be required to move 
upon request for larger vessels unable to transit around it while in 
the channel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the Weymouth Fore River between 
January 1 and September 30, 2002. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: The safety zone does not block the entire 
channel, advanced notice will be given through marine broadcasts, and 
the construction barge will be required to move upon request for larger 
vessels unable to transit around it while in the channel.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call Chief Petty Officer Michael 
Popovich, Marine Safety Office Boston, at (617) 223-3067. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard analyzed this rule under Executive Order 13132 and 
has determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
pose an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. From January 1, 2002 until September 30, 2002, add temporary 
Sec. 165.T01-223 to read as follows:


Sec. 165.T01-223  Safety Zone: Fore River Bridge Repairs--Weymouth, 
Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
the Weymouth Fore River within a 30-foot radius of The Middlesex 
Corporation (TMC) construction barge located under the Fore River 
Bridge.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the

[[Page 1101]]

designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast 
Guard patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.
    (3) No person may enter the waters within the boundaries of the 
safety zone unless previously authorized by the Captain of the Port, 
Boston or his authorized patrol representative.

    Dated: December 14, 2001.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-505 Filed 1-8-02; 8:45 am]
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